High Court · 2025

W.P.No.15676 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 21.08.2025CORAMTHE HONOURABLE MR.JUSTICE C.KUMARAPPANW.P.No.15676 of 2022andW.M.P.Nos.14919, 14921 and 14924 of 2022BWDA Nurservy and Primary School,Represented by its Correspondent Prabala J Ross,Kolliyankunam Village,Mailam ViaVillupuram - 604304... PetitionerVs.1.The Director, Directorate of Matriculation Schools, DPI Campus, College Road, Chennai2.The Chief Educational Officer, Officer of the Chief Educational Office, Villupuram... RespondentsWrit Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records in O.MU.No.656/A5/2021 dated 16.02.2022 on the file of the 1st Respondent 1/10 https://www.mhc.tn.gov.in/judis W.P.No.15676 of 2022and quash the same as illegal, arbitrary and against the principles of natural justice and consequently direct the Respondent to grant recognition/approval for the Petitioner's School for upgrading as Matriculation School.For Petitioner: Mr.K.Sathish KumarFor Respondents: Mrs.S.Mythreye Chandru Special Government PleaderO R D E RThe present writ petition has been filed challenging the rejection order passed by the 1st Respondent in O.MU.No.656/A5/2021, dated 16.02.2022 and consequently, to direct the 1st Respondent to grant recognition/approval for the Petitioner's School for upgrading as Matriculation School. 2. Heard the learned counsel for both sides and perused the materials available on record.3. The learned counsel for the petitioner would submit that the Bullock Cart Workers Development Association was allotted land at SIDCO, 2/10 https://www.mhc.tn.gov.in/judis W.P.No.15676 of 2022Villupuram, vide Allotment Letter dated 08.05.1996. Thereafter, the said Association started Nursery and Primary School. It is the submission of the petitioner that vide order dated 03.02.2021, the Tamil Nadu Small Industries Development Corporation Limited has permitted the Bullock Cart Workers Development Association to have an additional line of activity in the allotted land viz., 'Industrial Training and Service Centers'. Therefore, the SIDCO has permitted the petitioner to do Technical and Education Service. Since the petitioner have been doing educational services by running BWDA Nursery and Primary School, now that they want to upgrade as a Middle School. In this connection, the petitioner has submitted an application dated 20.06.2018 before the 1st respondent. However, such request was rejected by the 1st respondent by referring various reasons.4. It is the submission of the petitioner that when SIDCO, who allotted the land has no objection to run an Educational Institution, denying permission that the place where the Educational Institution is running by the petitioner comes within the Industrial Area is irrational. Hence, prayed to interfere with the same.3/10 https://www.mhc.tn.gov.in/judis W.P.No.15676 of 20225. Per contra, the learned Special Government Pleader appearing for the respondents would strongly object the above contention and would contend that based upon the direction of this Court, the petitioner's request was considered, wherein they found that the area in which they running the School comes within the Industrial Area and apart from that the petitioner does not have any ownership over the said property. The learned Special Government Pleader appearing for the respondents would further submit that if any Educational Institution is permitted to run School in the said area, it would not be conducive for the students and it will cause harm to them. Therefore, the learned Special Government Pleader would submit that there is no perversity in the impugned order and hence, prayed to dismissed the writ petition.6. I have given my anxious consideration to the submissions made on either side.7. The petitioner's application has been rejected by the 1st respondent 4/10 https://www.mhc.tn.gov.in/judis W.P.No.15676 of 2022on the following grounds:-➢tpGg;g[uk; khtl;lk;. bfhy;ypah';Fzk;. bjhHpw;ngl;ilapy;. g[y vz;/106-1,y; 21/6 x 21/6 mst[s;s 15 rpwpa jPg;bgl;of; bfhl;liffs; (Tiny Match Sheds) gt;lh. brayhsUf;F jkpH;ehL bjhHpy; KjyPl;Lf; fHfj;jhy; (SIDCO) 07/03/1996,y; xJf;fPL bra;J Miz tH';fg;gl;Ls;sJ/ ,e;j Mizapidj; bjhlu;e;J 08/05/1996,y; Kiwahd xg;gilg;g[ Miz tH';fg;gl;Ls;sJ/➢SIDCO tpd; 03/02/2021 ehisa mDkjpf; fojj;jpy; fPH;f;Fwpg;gpl;Ls;sthW epge;jid tpjpf;fg;gl;Ls;sJ/“The above allottee should utilize the premises only for the approved activity which at present is Technical and educational service along with “Industrial Training and Service Centre”nkw;go epge;jidapd;go. SIDCO xJf;fPL bra;Js;s ,lj;jpy; bjhHpw;gapw;rp epWtdj;Jld; ntW fy;tp bray;ghl;ow;F mDkjp mspf;fg;gl;Ls;sJ/ ,J ghu;it?2,y; Fwpg;gpl;Ls;s murhizapid kPwp xU gs;spf; fl;ll tshfj;jpy; xd;Wf;F nkw;gl;l fy;tp epWtd';fs; elj;jg;gLtjhf mika[k;/➢nkw;go ,uz;L MizfspYk;. ,Ujug;g[ cld;gof;if (Memorandum of Understanding) Vw;gLj;jntz;Lk; kw;Wk; fpis nkyhsu;. SIDCO, flYhu; mtu;fsplk; fpiua Mtzk; gjpt[ bra;ag;gl ntz;Lk; vd;W epge;jid tpjpf;fg;gl;Ls;sJ/ Mdhy; gs;sp epu;thfj;jhy; ,Jtiu epy fpiua Mtzk; gjpt[bra;ag;gltpy;iy/➢nkw;go bfhl;lif xJf;fPL Mizapy; g[y vz;/106-1,y; vt;tst[ 5/10 https://www.mhc.tn.gov.in/judis W.P.No.15676 of 2022gug;gst[ epyk; gt;lh brayhsUf;F xJf;fPL bra;ag;gl;Ls;sJ vd;gJ Fwpj;J Miz tH';fg;gltpy;iy/➢SIDCO tplk; ,Ue;J epyk; fpiuak; bra;ag;glhknyna g[y vz;/106-1,y; 3/00 Vf;fu; epyk; gs;sp elj;Jtjw;F Fj;jiff;F tH';fg;gl;L gjpt[ bra;ag;gl;Ls;sJ/ ,e;j epyj;jpy;jhd; gs;spf; fl;llk; cs;sJ/➢nkYk;. nkw;go bfhy;ypah';Fzk; fpuhk; g[y vz;fs; 92-1. 92-2. 92-5 kw;Wk; 92-6 Mfpatw;wpy; 3/47 Vf;fu; fpiuak; bgw;W gs;sp gad;ghl;ow;fhf Fj;jifg; gj;jpuk; gjpt[ bra;ag;gl;Ls;sJ/ ,e;j 3/47 Vf;fu; epyk; gs;sp miktplj;jpypUe;J 500 kPl;lu; bjhiytpy; cs;sjhf Fwpg;gplg;gl;Ls;sJ/ ,J ghu;it/3,y; cs;s murhizapd;go gs;sp miktplk; xnu ,lkhf ,y;yhky; cs;sJ/➢nkw;Fwpg;gpl;Ls;stw;wpd; mry; Mtz';fs; gw;wp epu;thfj;jhy; Ma;t[ mYtyu;fsplk; guprPyidf;F Kd;dpiyg;gLj;jg;gltpy;iy/ mry; Mtz';fs; t';fpapy; mlkhdk; itf;fg;gl;L mjd; kPJ fld; bgw;wpUg;gjhff; Fwpg;gplg;gl;Ls;sJ/8. While looking at the above grounds, the main reasons urged by the 1st respondent is that the petitioner does not possess ownership over the said land. At this juncture, the learned counsel for the petitioner would fairly submit that the writ petition in W.P.No.27282 of 2021 filed by them to acquire Sale deed in respect of the property where the School is functioning was dismissed vide order dated 23.10.2024. Therefore, it is obvious that the petitioner does not possess any right over the property where the school is 6/10 https://www.mhc.tn.gov.in/judis W.P.No.15676 of 2022functioning. Apart from that, as rightly contended by the learned Special Government Pleader, if any School is allowed to continue in the Industrial Area, it would definitely not conducive for learning and the students safety also will be at danger. 9. It is pertinent to mention here that though the learned counsel for the petitioner would fairly submit that they does not possess Sale Deed in respect of the property even in the Allotment Letter dated 08.05.1996, the SIDCO has directed the petitioner only to use the allotted place for an 'Industrial Training and Service Centre'. Nowhere, it permitted the petitioner to run either Elementary School or Middle School. 10. It is also pertinent to mention here that since the area in which the permission sought is an Industrial Area, it would not be conducive to any type of Educational Institutions more specifically elementary education. Therefore, this Court absolutely does not find any infirmity in the impugned order passed by the 1st respondent, dated 16.02.2022.11. In the result, the Writ Petition is dismissed. No costs. 7/10 https://www.mhc.tn.gov.in/judis W.P.No.15676 of 2022Consequently, the connected writ miscellaneous petitions are closed. 21.08.2025Index : Yes/NoSpeaking order /Non Speaking OrderNeutral Citation : Yes/Nodm8/10 https://www.mhc.tn.gov.in/judis W.P.No.15676 of 2022To1.The Director, Directorate of Matriculation Schools, DPI Campus, College Road, Chennai2.The Chief Educational Officer, Officer of the Chief Educational Office, Villupuram9/10 https://www.mhc.tn.gov.in/judis W.P.No.15676 of 2022C.KUMARAPPAN, J.dmW.P.No.15676 of 202221.08.202510/10